Jarrell v. Payne

STORE, C. J.-

-This case presents the question of homestead and other exemptions in a form different from any heretofore considered. We have considered the question in many phases ; where such property was sought to be subjected to sale under legal process, and where it was sought to be brought under the dominion of administration, for the payment of debts, or for distribution. In all such cases, we have held that exemption is a privilege to be claimed ; and if not claimed until the property has been subjected to sale, our ruling has been that the right is lost. We have taken a further step,…